Archives for January 2017

Appeal procedure, hospital malpractice rulings

January 28, 2017 By lilly

APPEAL PROCEDURE: “Application for leave to appeal” pretrial rulings/sanctions order in event Supreme Court affirms new-trial order following hospital malpractice defense verdict denied… order. [Read more…]

Attorney fees, failure to admit RFAs, UIM verdict

January 28, 2017 By lilly

ATTORNEY FEES properly denied as sanction for failing to admit RFAs which were later proven at trial or as prevailing party where jury’s MVA award did not exceed UIM limit… Eddy affirmed (IOR I-3(c)). [Read more…]

Easement, prescriptive, scope

January 28, 2017 By lilly

EASEMENT: Evidence established that prescriptive easement was acquired by 1959, current residential use did not exceed original scope… Dayton affirmed (IOR I-3(c)). [Read more…]

Mental commitment, implied findings

January 28, 2017 By lilly

MENTAL COMMITMENT: Implied findings establish proper recommitment to NCC despite sparse actual findings, no written findings… Oldenburg affirmed. [Read more…]

Water, BLM reservoir stockwater/wildlife claims

January 28, 2017 By lilly

WATER: Objections to BLM reservoir claims for stockwater/wildlife properly rejected… Ritter affirmed (IOR I-3(c)). [Read more…]

Witness statements, failure to produce

January 28, 2017 By lilly

WITNESS STATEMENTS: Video interview of girlfriend who was struck by boyfriend’s van improperly withheld from Defense, improperly determined to be work product and exculpatory, remanded for determination of appropriate sanction… Haynes reversed. [Read more…]

Revocation, in absentia trial

January 28, 2017 By lilly

REVOCATION: Transcript reveals sufficient reasons for revocation, Defendant who was removed from courtroom for disruptive/abusive behavior and who refused to watch or listen not entitled to written findings… Langton affirmed (IOR I-3(c)). [Read more…]

Transfer of structured settlement

January 28, 2017 By lilly

TRANSFER OF STRUCTURED SETTLEMENT: $167,040 future payments for $14,860 unconscionable, contrary to non-assignability clause… Manley. [Read more…]

Interpleader, disputed investment funds

January 28, 2017 By lilly

INTERPLEADER: Investment entity granted interpleader in Tribal Court dispute over funds in account, awarded fees & costs… Best. [Read more…]

Bench judgment, LLC dissolution, laches

January 28, 2017 By lilly

BENCH JUDGMENT: Claim by son for more than default equal share of LLC and commercial property sale proceeds rejected for failure of proof as to contributions and for bringing claim after death of key figure father in “classic case of laches”… Defendants similarly prevented from claiming more than default share… Halligan. [Read more…]